Saying that employment law in Australia is complicated is an understatement. There’s so much to get your head around, yet non-compliance can cost businesses thousands.
Employment laws in Australia include key legislations such as the Fair Work Act 2009, which outlines national employment standards, and the Work Health and Safety Act 2011, which aims to secure a safe working environment.
With numerous employer obligations introduced throughout 2023, it is extremely important to ensure your organisation remains up-to-date.
This 2024 guide to Australian workplace compliance will help you navigate these obligations. Read on to find out everything you need to know about ⬇️
Let’s dive right in!
The Work Health and Safety (WHS) Act is a cornerstone of Australia’s effort to harmonise work health and safety laws across the country.
The WHS Act aims to ensure that all workers in Australia enjoy the same level of health and safety protection, regardless of their job or location. This national approach provides greater certainty for businesses, particularly those operating across state borders, and aims to reduce compliance costs over time.
It specifies the actions necessary to protect the health, safety, and welfare of your workers and others who may be affected by your business operations. The WHS Act safeguards all workers, including:
The WHS Act establishes a comprehensive framework designed to protect the health, safety, and welfare of all workers and other people who may be affected by work activities, including 👇
The model WHS Act serves as the foundation for the WHS Acts adopted in most jurisdictions across Australia.
The primary objective of the Act is to establish a balanced and nationally consistent framework to ensure the health and safety of workers and workplaces. It achieves this by:
➡️ It’s crucial to verify with your local regulators to confirm how the harmonised WHS laws specifically apply in your area. The consistent application of the WHS Act across different regions is designed to enhance workplace safety for everyone. Ensuring you understand and comply with these laws will help you create a safer and more compliant work environment. 👍
In Australia, the Commonwealth, states, and territories are each responsible for creating and enforcing their own work health and safety (WHS) laws. Each jurisdiction has a dedicated WHS regulator tasked with ensuring compliance with these laws.
The responsibilities of WHS regulators are the following ⬇️
The National Compliance and Enforcement Policy (NCEP) in Australia is a framework designed to ensure a consistent approach to the monitoring and enforcement of work health and safety (WHS) laws across the country.
This policy is a collaborative effort agreed upon by the Commonwealth, state, and territory governments to enhance workplace safety, provide uniform protection for Australian workers, and reduce the regulatory burden on businesses.
Work-related fatalities
Serious injuries
Offences against health and safety representatives
Discrimination against workers
WHS Policies and Procedures are written documents that provide guidelines for how a business should handle all safety matters in the workplace. These documents can be as broad or specific as necessary to ensure everyone understands how to stay safe while working.
These are the components we would recommend adding to your WHS policy ⬇️
Occupational health & safety policy
This policy documents your commitment to ensuring a safe and healthy workplace for all workers. It outlines legal obligations and aligns with other organisational policies to prioritise everyone’s well-being.
Personal Protective Equipment (PPE) policy
A PPE policy provides clear instructions for the issuance, use, cleaning, storage, and disposal of PPE. It also defines each employee’s responsibility regarding PPE use and includes guidelines for maintaining a PPE register and conducting WHS training to ensure proper usage.
Emergency response plan
This plan provides comprehensive procedures for handling emergencies like evacuation routes, communication strategies, and responses to specific threats. It includes detailed maps highlighting important locations such as first aid resources and fire protection equipment.
Hazardous manual handling policy
This policy addresses the risks associated with manual handling tasks, such as lifting, pushing, and pulling. It outlines procedures to identify hazardous tasks and implement risk controls to protect workers from injuries.
Fitness for work plan
This plan outlines strategies to reduce the risk of incidents caused by employees being unfit for work. It addresses various factors that can affect an employee’s ability to work safely and ensures measures are in place to mitigate these risks.
Workplace violence prevention plan
This plan helps prevent aggressive behaviour in the workplace. It outlines the responsibilities of managers and employees in cases of violence, threats, harassment, or intimidation, and provides strategies for preventing workplace violence.
Forms kit
A forms kit includes all necessary documents for safety inspections and incident logging, such as checklists, forms, and registers. This kit helps companies comply with safety guidelines and regulations all in one handy place.
Integrated management systems
An Integrated Health & Safety, Environmental & Quality Management System (HSEQ MS) streamlines management processes by providing access to all necessary policies and procedures in one place. This system aligns with ISO standards to ensure efficient and effective service delivery.
Workplace harassment policy
This policy provides clear steps for reporting incidents of harassment and the process for handling complaints. It’s a good idea to offer support resources for affected employees and outlines the responsibilities of managers in preventing and addressing harassment.
Chemical safety policy
Details safe practices for handling, storing, and disposing of hazardous chemicals. It also specifies the training requirements for employees who handle hazardous chemicals and ensures that Safety Data Sheets (SDS) are available and accessible to all employees.
Electrical safety policy
This policy outlines the standards for electrical safety, including the use of proper equipment and techniques. It provides procedures for regular inspection and maintenance of electrical systems and equipment. It also details the steps to take in the event of an electrical emergency, such as a fire or shock incident.
Ergonomics policy
This policy provides regular training guidelines on ergonomic practices and assessments of workstations to ensure they meet ergonomic standards. It also offers frameworks for designing ergonomic workstations to prevent musculoskeletal disorders.
💡 There are many more policies you can include to meet your organisation’s circumstances, like:
Engage stakeholders early
Involve employees, health and safety representatives, and other stakeholders from the beginning. Their insights and experiences are invaluable in identifying potential hazards and practical solutions.
Assess risks thoroughly before anything else
Before you start writing any policy or procedure, thoroughly identify all potential hazards in the workplace through inspections, audits, and employee feedback. Assess the likelihood and impact of identified hazards to prioritise the most significant risks.
Write simple policies
Write your procedures in plain English to ensure they are easily understood by all employees, regardless of their role or literacy level. Minimise the use of technical jargon or complex terminology unless absolutely necessary.
Be detailed and specific
Provide detailed, step-by-step instructions for performing tasks safely and managing risks. Feel free to use diagrams, flowcharts, and images to clarify complex procedures and enhance understanding.
To ensure compliance with Work Health and Safety (WHS) regulations in Australia, employers have to undertake a range of responsibilities. This checklist outlines the key actions and obligations to help maintain a safe and healthy workplace 👇
Creating effective WHS policies and procedures is one thing – monitoring your organisation’s WHS compliance is another… Here’s how you can keep a constant but efficient eye on WHS compliance ⬇️
Regular inspections are crucial for identifying potential hazards and ensuring compliance with WHS policies. These planned inspections help maintain a proactive approach to safety management, preventing accidents before they occur.
Safety audits are systematic evaluations of how well safety policies and procedures are implemented and followed. They help identify compliance gaps and areas for improvement.
What should you focus on during safety audits?
✅ Compliance with legal requirements and internal policies
✅ Effectiveness of risk management practices
✅ Adequacy of safety training and communication
Perform a thorough initial assessment to establish a baseline understanding of workplace hazards and risks. You can then use the baseline assessment to develop risk control measures.
Develop a straightforward process for reporting hazards, incidents, and near misses – ensure all employees know how to report and feel comfortable doing so.
Ongoing training ensures employees stay informed about WHS policies, procedures, and best practices, helping reinforce safety culture and compliance.
What topics should you cover?
✅ Specific hazards and risks relevant to the workplace
✅ Proper use of personal protective equipment (PPE)
✅ Emergency procedures and incident reporting
How to engage your employees in WHS?
WHS compliance software streamlines tracking, reporting, and managing safety data. It enhances efficiency and accuracy in monitoring compliance.
What features should you look for in your WHS compliance software?
Comprehensive records provide evidence of compliance and support continuous improvement. They help in identifying recurring issues and tracking corrective actions.
WHS (Work Health and Safety) refers to the laws, policies, procedures, and activities that aim to protect the health, safety, and welfare of people in the workplace. It encompasses the management of all potential hazards and risks to ensure a safe working environment for employees, contractors, visitors, and anyone else who might be affected by workplace activities.
WHS compliance involves adhering to the regulations and standards set out in the Work Health and Safety Act and related legislation. This includes implementing necessary measures to prevent workplace injuries and illnesses, conducting risk assessments, providing safety training, maintaining safety records, and ensuring that all WHS policies and procedures are followed.
Appropriate consequences for non-compliance with WHS systems can include warnings and reprimands, mandatory retraining on WHS policies and procedures, fines and financial penalties, and suspension or termination of employees who repeatedly fail to comply. Legal action and prosecution may be pursued for serious breaches, and increased monitoring and audits may be implemented to ensure future compliance.